Tuesday, March 01, 2011

Questions, questions...

Here, subject to my usual disclaimer - see sidebar - are my answers to a few of the keyword queries that have brought recent visitors to his blog:

Can I get compensation from husband who has abused me for 33 years?

From a matrimonial point of view, you could only get compensation for abuse included in a financial settlement on divorce if you could show that the abuse amounted to conduct that would be 'inequitable to disregard', which means conduct that is considerably more serious than the 'usual' 'misconduct' involved in the breakdown of many marriages. As to whether you could make a civil (as against a matrimonial) claim, you would have to take advice from a civil claims lawyer, although I would doubt it.

Can a court refuse a consent order in ancillary relief?

Yes, if the judge is not satisfied that the terms of settlement contained in the draft order are fair.

How to win equal parenting time in UK family court?

Well, first of all, the law does not talk in terms of 'winners' and 'losers' when it comes to arrangements for children. As to obtaining an order giving equal time to each parent, the answer is quite simple: you will have to persuade the court that this would be the best thing for the child(ren).

Is mediation for child visitation compulsory in UK?

No, but from the 6th April, anyone wishing to apply to a court for a child contact order will first have to have the case assessed to see whether it is suitable to go to mediation.

Can I go to CSA if maintenance is included on consent order?

Under the present rules, only after the order has been in effect for one year.

How long does a consent order take?

Good question. It depends upon how busy the court is (specifically, the district judges). In some courts, it can take a couple of weeks, in other courts several months. It also depends, of course, upon whether the judge raises any queries regarding the order.

She refuses to sign consent order

You cannot force her to do so. You may be able to persuade the court that a binding settlement has been agreed, depending upon the circumstances. If not, you will need to apply to the court for a financial/property settlement ('ancillary relief'), if this has not been done already.

Can you get no win no fee lawyers for divorce?

I've never heard of it.

Can I apply for a consent order after decree absolute?

Yes, although it may be best to get the consent order first.


How do I get a divorce without it costing me a fortune?

Why, buy my book Do Your Own Divorce, of course!

(The law is, of course, correct as at the date of this post.)

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